Doutherd v. Montesdeoca, et al

Filing 65

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/11/2018 DENYING 50 Motion to Quash. Cingular Wireless shall produce records showing the call history for both incoming and outgoing calls from Plaintiff Tyrone Doutherd's cell phone from 8/27/2015 to 8/27/2017. Plaintiff shall provide any necessary authorization to Cingular Wireless for the release of such records. Cingular Wireless first shall produce the records to Plaintiff's counsel, Ellen Dove at 5325 Elkhorn Blvd., # 160, Sacramento, CA 95842. Plaintiff's counsel shall have the opportunity to redact and produce the redacted records to Defendant UPS Ground Freight, Inc. within seven days after receipt from Cingular Wireless. On the same date as Plaintiff� 39;s counsel produces the redacted records, Plaintiff's counsel shall provide a privilege log identifying each redaction by the date and time listed on the records and providing the basis for each redaction with sufficient information to allo w Defendant to evaluate whether the redaction was appropriate. UPSF shall have 7 days to contact Plaintiff's counsel with any issues or questions with regard to the redacted records, Plaintiff's counsel shall respond within 7 days. Therea fter, if UPSF is unsatisfied with Plaintiff's response to its questions or challenges, it shall have 7 days from the date of Plaintiff's response to raise with the Court any challenge to Plaintiff's redactions. This Order does not c ompel the production of any text messages, attachments or photographs, Defendant having previously withdrawn that request. Other than the timing specified above, the parties shall not be limited by the fact discovery cut-off in filing a subsequent motion pertaining to Plaintiff's cell phone records. (Zignago, K.)

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Hunton Andrews Kurth LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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HUNTON ANDREWS KURTH LLP
EMILY BURKHARDT VICENTE (SBN 263990)
Email: [e-mail]
D. ANDREW QUIGLEY (SBN 280986 )
Email: [e-mail]
550 S. Hope Street, Suite 2000
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
KAREN JENNINGS EVANS (SBN 197046)
Email: [e-mail]
50 California Street, Suite 1700
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
UPS GROUND FREIGHT, INC., erroneously named as
UNITED PARCEL SERVICE, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRONE DOUTHERD,
Plaintiff,
v.
DORIS MARIE MONTESDEOCA,
Estate of LUCILLE J. SMITH, deceased,
UNITED PARCEL SERVICE, INC.,
LIBERTY MUTUAL INSURANCE
COMPANY, and DOES 1-30,
Defendants

Case No.: 2:17-cv-02225-MCE-EFB
-----------------[PROPOSED] ORDER DIRECTING
THE PRODUCTION OF PLAINTIFF
TYRONE DOUTHERD’S CELL
PHONE RECORDS

Complaint Filed: August 25, 2017
Judge: Hon. Morrison C. England
Magistrate Judge: Hon. Edmund F. Brennan

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-------------[PROPOSED] ORDER DIRECTING THE PRODUCTION OF PLAINTIFF
TYRONE DOUTHERD’S CELL PHONE RECORDS

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Having considered all arguments regarding Plaintiff’s Motion To Quash

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Defendant UPS Ground Freight, Inc.’s Subpoena to Cingular Wireless, the Court

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hereby orders as follows:

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The Motion is hereby DENIED.

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The Court issues the following ORDER:

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• Cingular Wireless shall produce records showing the call history for both

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incoming and outgoing calls from Plaintiff Tyrone Doutherd’s cell phone

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from August 27, 2015 to August 27, 2017;

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Hunton Andrews Kurth LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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• Plaintiff shall provide any necessary authorization to Cingular Wireless for
the release of such records;
• Cingular Wireless first shall produce the records to Plaintiff’s counsel, Ellen
Dove at 5325 Elkhorn Blvd., #160, Sacramento, CA 95842;
• Plaintiff’s counsel shall have the opportunity to redact the telephone

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numbers that invade the privacy rights of individual non-parties or violate

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the attorney-client privilege, and produce the redacted records to Defendant

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UPS Ground Freight, Inc. (“UPSF”) within seven days after receipt from

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Cingular Wireless;

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• On the same date as Plaintiff’s counsel produces the redacted records,

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Plaintiff’s counsel shall provide a privilege log identifying each redaction by

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the date and time listed on the records and providing the basis for each

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redaction with sufficient information to allow Defendant to evaluate whether

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the redaction was appropriate;

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• UPSF shall have 7 days to contact Plaintiff’s counsel with any issues or

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questions with regard to the redacted records, Plaintiff’s counsel shall

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respond within 7 days;

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--------------[PROPOSED] ORDER DIRECTING THE PRODUCTION OF PLAINTIFF
TYRONE DOUTHERD’S CELL PHONE RECORDS

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• Thereafter, if UPSF is unsatisfied with Plaintiff’s response to its questions or

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challenges, it shall have 7 days from the date of Plaintiff’s response to raise

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with the Court any challenge to Plaintiff’s redactions;

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• This Order does not compel the production of any text messages,

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attachments or photographs, Defendant having previously withdrawn that

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request;

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• Other than the timing specified above, the parties shall not be limited by the

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fact discovery cut-off in filing a subsequent motion pertaining to Plaintiff’

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cell phone records.

Hunton Andrews Kurth LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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IT IS SO ORDERED.

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Dated: December __, 2018

____________________________
Hon. Edmund F. Brennan
U.S. District Court Magistrate Judge

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Approved as to form:
/s/ Karen Jennings Evans
Karen Jennings Evans
Hunton Andrews Kurth
Attorneys for Defendant UPSF
/s/ Ellen Dove
Ellen Dove
Attorney for Plaintiff

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--------------[PROPOSED] ORDER DIRECTING THE PRODUCTION OF PLAINTIFF
TYRONE DOUTHERD’S CELL PHONE RECORDS